Solis

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KEVIN ROBERTO SOLIS, Case No. 24-cv-01287-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND AND PARTIALLY

GRANTING MOTION TO DISMISS

GATE GOURMET, INC., et al., Re: Dkt. Nos. 23, 27 Defendants.

Solis’s motion to remand is denied. Gate Gourmet’s motion to dismiss is granted in part and denied in part. This ruling assumes that the reader is familiar with the facts, the applicable legal standards, and the arguments made by the parties. 1. Remand. There is jurisdiction under the Class Action Fairness Act, because the parties are minimally diverse and the amount in controversy exceeds $5 million. See 28 U.S.C. § 1332(d). The complaint alleges that Gate Gourmet engaged in a laundry list of practices that resulted in unrecorded work hours and unpaid wages. As one example, the complaint alleges that, on one workday, Solis spent about 15 minutes going through security, putting on his uniform and safety equipment, and taking them off. Solis alleges that this time went uncompensated. Based on these allegations, it was reasonable for Gate Gourmet to measure the amount in controversy by…